Page:The History of the Church & Manor of Wigan part 1.djvu/158

146 matter on behalf of the plaintiff, in the absence of the defendants, it appeared to the Court that the plaintiff, in right of his church, is seised of the mill in controversy to him and his successors. It is therefore ordered that Robert Pennington, one of the defendants, shall presently avoid the possession of the said mill, and quietly permit the plaintiff and his assigns to occupy and enjoy the same; and if William Langshaw, another of the defendants, shall not before the third return of the next term show some good cause for his occupation of the said mill, then it is ordered that the plaintiff shall have the possession of such part and parts of the said mill as the said Langshaw now occupies; the plaintiff to have such costs and charges as shall be assessed by this Court, provided that the said plaintiff shall give notice of this order to the said Langshaw at or before the beginning of the next term. This last decree seems to have determined the suit in favour of the rector.

Another bill of Edward Fleetwood, clerk, parson of Wigan, made in 18 Eliz., 1575-6, sets forth that whereas the said Fleetwood now is, and his predecessors parsons there "of long tyme" have been, lawfully seised in his and their demesne, as of fee as in the right of their said church, of and in the manor and lordship of Wigan, with the appurtenances thereof, whereof one parcel of waste ground known by the name of Whelley Lane, containing twelve acres, and lying on the east part of a parcel of the said manor called the Scoles, is parcel, and so being seised hath taken the profits thereof to his own use ever since he was parson there,—of late certain deeds, evidences, charters and writings concerning the said premisses, and of right belonging to the said Fleetwood, have casually come into the possession of Charles Banke, Robert Asteley, Raffe Fayrebrother, and Reynold Maudesley, who since Michaelmas last past have entered into the said waste ground "with force and wronge and thereof have by lyke force and wronge disseised and expulsed your seid Orator and [deprived